Originally from Dispute Resolution Journal

What are the factors determining whether a case should be mediated? First, disputes that cannot benefit from mediation are very rare, according to the author. Mediation may be called for when any of the following are factors: costs, time, confidentiality, efficiency, effectiveness, resource conservation, multi-party situations, when parties desire to preserve a relationship, civility and when traditional judicial remedies do not serve the needs of the parties. There are times when mediation may not be a good choice, however. They include cases where establishing precedent is critical, declaratory relief actions and cases solely involving issues of law, among others.

To mediate or not to mediate—that is the question for more and more people who have conflicts to resolve. To set the stage in the search for answers to this question, let’s investigate a few hypothetical situations.

The Corporate Workplace: A recent Wharton MBA with the first name of Kelly is a middle manager in a regional utility company. A rising star in the company, she is on track for promotion to a top executive level. She reports to an executive VP, Graham—a mentor who has promoted her rise in the company. Recently, Kelly has noticed a change in their relationship. While they have always made business trips together, Graham has recently made the "mistake" of booking a single room. He comments more on Kelly's clothing and appearance and has been extending invitations to her for dinners not necessitated by work. Kelly is uncomfortable about the message Graham is giving.